Are New Technologies Undermining the Laws of War?

Lasrick writes "This is a great read — from the article: 'Today, emerging military technologies — including unmanned aerial vehicles, directed-energy weapons, lethal autonomous robots, and cyber weapons — raise the prospect of upheavals in military practice so fundamental that they challenge assumptions underlying long-established international laws of war, particularly those relating to the primacy of the state and the geographic bounds of warfare. But the laws of war have been developed over a long period, with commentary and input from many cultures. What would seem appropriate in this age of extraordinary technological change, the author concludes, is a reconsideration of the laws of war in a deliberate and focused international dialogue that includes a range of cultural and institutional perspectives.'"

Comments

As the old adage says...

[x0ra]

"All is fair in love and war"

Re:As the old adage says...

[Thanshin]

If your lovemaking includes unmanned aerial vehicles, directed-energy weapons, lethal autonomous robots and cyber weapons... You're probably doing it very right and should do online tutorials.

Ignorance

[ObsessiveMathsFreak]

Ignorance is undermining the laws of war, the laws of commerce, and every other law our society used to have. This is what happens when you allow the world to be run by frat-echnocrats in suits.

Re:Ignorance

[Anonymous Coward]

Your statement is correct. For example it is illegal under the rules of war to act in a battlefield and to not wear a uniform. If you are captured on a battlefield and you are not in uniform and you do not disclose your military ID data, (Name rank serial number) you are under the Geneva conventions a Spy and subject to summary execution. Every prisoner we took in Afghanistan and most in Iraq would have fit in this category. All Al Qaeda prisoners fit this category. Oh by the way, spies may be tortured under these conventions.

Also,

[smittyoneeach]

Those barbarians with the bows & arrows are completely dishonorable, unmanly, and don't know how to fight with coura--UGHH! [thump]

Re:Also,

[DarkOx]

Yes history repeats itself. I come back to the only justifiable war is one where you are willing to do what is required to win. If the issue is important enough to engage in massive property destructions and to kill or maim people, than it should never be done in vain, an obligation exists to see it thru and secure the intended outcome. "What is required" May vary if you posses an outsized military advantage you have the luxury not using certain forms of brutality and less des descriminating targeting practice and you should so long as it does not jepordise victory. If you are disadvantaged than asymmetric and "terror" tactics are probably a must.

Societies not just soldiers go to war. It does not matter if you have a gun in hand or a garden hoe you are supporting the war fighting capability and so be considered a target if need be.

Re:Also,

[AdamColley]

There are no justifiable wars.

What we have now are invasions of sovereign nations which happen to be chock full of resources and blind eyes turned to genocide elsewhere.

Iraq and Afghanistan are about to fall to the taliban (mission accomplished claims notwithstanding) so after more than ten years, trillions of pounds and millions of lives lost (yes, brown people count) we have precisely nothing to show for it.

Iraq was working better under Saddam than it is now, it's a joke (or would be if it hadn't cost so many lives)

How about we start putting our trillions into solving problems at home instead of attacking people elsewhere and let other nations govern themselves.

I'll leave you with this well known Einstein quote:

“He who joyfully marches to music rank and file has already earned my contempt. He has been given a large brain by mistake, since for him the spinal cord would surely suffice. This disgrace to civilization should be done away with at once. Heroism at command, senseless brutality, deplorable love-of-country stance and all the loathsome nonsense that goes by the name of patriotism, how violently I hate all this, how despicable and ignoble war is; I would rather be torn to shreds than be part of so base an action! It is my conviction that killing under the cloak of war is nothing but an act of murder.”

Re:Also,

[CrimsonAvenger]

There are no justifiable wars.

The US Civil War?

World War II?

Two of the most obvious examples of a justifiable war. There are others.

Re:Also,

[PseudonymousBlowhard]

Was Kuwait working better under Saddam? Is Afghanistan falling to the Taliban really a case of letting "other nations govern themselves"? The problem with this kind of unconditional pacifism is that it requires everyone else to be a pacifist as well.

Re:Also,

[rioki]

Got news, the Geneva and Hague Convention only apply to regular military. So the moment you are either facing or are irregular combatants everything goes. But then you need to remember by who when the treaties where singed. At the time generals would send thousand men to their deaths and then congratulate each other over their victories over a cup of tee.

Your assertions are correct and have lead to the impression of "clean" wars. But every war is dirty and bloody. I think each congressman and general should be required to send their brother, child or brother into the field in a war they authorize. If after that the war still seems like a good idea (e.g. destroying Nazi Germany*) then it worth fighting.

(* I am part German and still think it was a necessary and good idea... in general)

Re:Also,

[dkleinsc]

Actually, that is sort of the point of these invasions... to make sure that the governments are in some form representative of the people.

That is pure unadulterated nonsense.

For example, Hamid Karzai is no more representative of his people than Mohammed Omar: The difference is that Karzai is doing the bidding of the US and US-based oil companies instead of doing the bidding of Al Qaida and Iran. Karzai was not elected, he was selected by a meeting of the regional leaders of Afghanistan where the US Army was standing right outside the door (arguably in case the decision went differently).

When the people of the Middle East have overthrown dictators and replaced them with democratically elected leaders, the US does their best to put a stop to it. Egypt is the prime example of this: The elected president Mohammed Morsi, though certainly far from a perfect bastion of freedom and democracy, was ousted in a military coup, and the military of Egypt has close ties to the US.

Re:Also,

[Muad'Dave]

There was a sci-fi book I once read (for the life of me I can't remember the title) that had an alien society where if their governing body declared war, they'd fight the battle, and then all members of the governing body that voted for the war were put to death. You had to believe so strongly that the war was just that you were willing to give your own life.

I think that's a grand idea.

Re: Also,

[Anonymous Coward]

"The trouble with quotes on the internet is that they are often misattributed" - Abraham Lincoln

Re:Also,

[RabidReindeer]

The US Civil War? The South seceded from the North because their American Dream was based on States' Rights. Especially the right of States to ensure legal slavery. It wasn't like the North declared a jihad on the morally-bankrupt South. The two regions had been negotiating on the issue for decades. But when the South split, the more fundamental issue of whether it was the United States of America or the United States of America took over. Whether that justified a full-scale war or not is debatable.

World War II? Hitler was the one that "justified" that war. But the responsibility of putting that monster in power is in large part laid to blame to the powers that ended WWI. If they hadn't been so blindly determined to punish Germany and so uncaring of the consequences, Hitler would not have been able to gain the power he did.

In both cases, the "justifications" came after the fact, and had people spent more effort beforehand, it's unlikely that war would have happened. At least in Germany. In the USA, as mentioned, a lot of effort was expended, but they decided war was "justified" anyway.

Traditionally, the "laws" of war exempted civilians. That's because in older times, states were non-democratic, the people had little say in the decision, and in many cases, the goal was to annex territory, so it wasn't good policy to alienate or exterminate people who would - if you won - become your newest citizens.

The WTC incident (to take one example) was "justified" in that the USA, being an (alleged) democracy, had the implicit approval of the majority of the American people on the policies to which Al-Qaeda objected. Where their justification fails is that "majority" isn't totality and that in fact, there was a virtual certainty that not only were some of the victims willing to vote in the other direction, but that there was no "keep out" sign on the building that excluded Moslems. Many of which were likely to be more observant than the terrorists themselves, as the hijackers weren't exactly role models for the faith, even excluding their willingness to commit murder.

There are "Laws of War" in constructs such as the Geneva Conventions, but there are also "Rules of War", which are the precepts from which the Laws of War are constructed. They include minimizing the destruction to the goals at hand, sparing the innocent, treating captured enemies according to the same standards as you would wish for your own forces, and so forth. Those rules have remained largely invariant despite the ever-increasing ability over history to remove the opposing forces from direct physical and emotional contact with each other.

Re:Also,

[YrWrstNtmr]

There are no justifiable wars.

Sometimes, "war" is thrust upon you. The obvious classic example is WWII.
The French/Belgians/Poles/Russians did not ask to be invaded. The Brits did not ask to be bombed.

Sometimes, your choices are reduced to only two.
1. Surrender and die
or
2. Fight back.
There is no #3. Wait, there was a #3, which Chamberlain tried first. Didn't work. So that leaves fight back or die.

Re:Also,

[Anonymous Coward]

Well... instead of complaining you could have done some googling (though I agree the gp should have given a source):

"Wenn einer mit Vergnügen in Reih und Glied zu einer Musik marschieren kann, dann verachte ich ihn schon; er hat sein großes Gehirn nur aus Irrtum bekommen, da für ihn das Rückenmark schon völlig genügen würde. Diesen Schandfleck der Zivilisation sollte man so schnell wie möglich zum Verschwinden bringen. Heldentum auf Kommando, sinnlose Gewalttat und die leidige Vaterländerei, wie glühend hasse ich sie, wie gemein und verächtlich erscheint mir der Krieg; ich möchte mich lieber in Stücke schlagen lassen, als mich an einem so elenden Tun beteiligen! " (p. 499)
and
"Töten im Krieg ist nach meiner Auffassung um nichts besser als gewöhnlicher Mord." (p. 499)

I'd say the the translation above is pretty close.

Source:
http://www.amazon.com/Mein-Weltbild-Albert-Einstein/dp/3856655107
PDF: http://gedankenfrei.files.wordpress.com/2009/01/mein-weltbild-albert-einstein.pdf

Re:Also,

[Richard_at_work]

Twas the Octospiders in Clarkes Rama series - any member that voted for or was involved in the war itself had an immediate sentence of death after the hostilities ended.

Re:Also,

[cusco]

Pipeline, rare earth elements (which the Soviets had mapped), but most important it was the largest source of opiates on the planet before the Taliban shut down production. The only opium still being grown in the country was in the territory controlled by our allies the Northern Warlords, and the prospective loss of income was frightening for the large international banks. Over a trillion dollars in drug money is laundered every year, over half of it through the US, with bank charges averaging 10-15% for the service. The Colombians and Mexicans were starting to pick up the slack, but they launder their money differently and the banksters were looking at a huge revenue loss. Certainly not the only reason for the invasion, just one of several.

Re:Arbitrary.

[Sique]

International laws have existed since we have the idea of nations. After the Napoleonic Wars in Europe, there was the Congress of Vienna (1814/15), which effectively created a codex of international law in Europe. Then we have the founding of the International Red Cross after the Battle of Solferino 1859, which in turn was recognized subsequently by all warwaging countries and led to the first treaty about the Geneva Convention in 1864. And even before, there were multisided agreements between different powers which could also be viewed as international law -- think about the flagging rules of battle ships, merchant ships and pirate ships during the Age of the European Expansion between the 15th and the 18th century.

And yes, like every law, also international laws are often and constantly broken, and enforcing those laws is even more complicated than national law.

The wills of the many outclassed by the few.

[VortexCortex]

The thing about humans piloting machines of war is that you still need a lot of people's consent to fight the war. With a remote drone operator you could have a lot fewer folks consent for the same or more war-fighting: Have one guy take the helm of the lead fighting machine in an autopilot squadron. Kill their drone, it doesn't injure the pilot, not a scratch. Their neck's not on the line. They switch drones and keep coming for as much money as it takes to win.

Against enemies yields less risk of life for your soldiers, more bag for your Buck, more death dealt, more atrocities. Given that these systems aren't even needed due to our existing military might it just seems a little too convenient that it would also take less folks to fight against their own people with these drones -- detached, not having to show your face on the battle field -- and especially when we discover government drones are making their way to the homeland skies.

If your neck is not on the line, you have no right to pull the trigger. To remove the human element from war is inhumane by definition.

Re:The wills of the many outclassed by the few.

[Sique]

Satellite imagery is a very late addition to the game. Artillery cannons have a large range of dozens of miles, and they had it already in WWI. When the Germans attacked the Belgian fortresses at Liege, they did it with their big 16.5-inch-howitzer ("Big Bertha") which had a firing range of about 8 mls. No way for the Belgians to figure out where the cannon actually was placed, they just got the shells on their fortresses. The Paris Gun of 1918 even had a firing range of 80 mls, and when it attacked Paris, the Parisians could not hear the muzzle sound, so they had no clue from where they were attacked.

Re:War is bad/wrong/immoral, period.

[AmiMoJo]

Actually that is the law. Starting a war of aggression is always a crime in international law. The only reason any nation is allowed to wage war is in self defence. That is why many people consider the Iraq invasion to have been illegal.

As for colonies international law requires that populations be given the right to self determination. It's hard to enforce but in theory if the population of a geographical area within a country can show that they wish to be independent the country is obliged to try and facilitate that, perhaps through devolved powers or by letting them set up on their own. Slavery is illegal, internal revolutions are not wars per-se but internal conflict or civil war. The law only applies to nation states, not individuals or factions within nations.

Re:The US is undermining the Laws of war.

[jmac_the_man]

Then the invention of the bomber allowed civilian murder to be taken to new extremes in WW2. The British bombing campaign was particularly bad, based as it was on the premise that the smallest target that could reliably be hit by night bombers was a city.

How accurate was German bombing during the Battle of Britain?

Re: There are no nations. There are no "peoples"

[Vitriol Angst]

As I get older, it seems that the movie Network is more truth.

Snowden did not hurt US security -- because this data is likely for sale to China via a contractor. Our "massive trading partner" is not surprised. The "damage" was for the merely large companies to learn what the multinationals already knew. And "spying on everything" takes on other connotations if you think of economics, trade secrets, and negotiations. Sure, getting dirt on politicians is profitable -- but knowing about money and technology is profit.

If there were an ACTUAL ENEMY out there, the US, the pentagon, and our secret agencies would be acting a lot differently than how they do now. It seems that these governments are more afraid of their own people. It's as if they were making a show of enemies at the gate to convince us to keep building up the castle and disenfranchise us.

Why is China, after years of peace with the USA while we did not take advantage of superior power, now buying air craft carriers and possibly getting into spending a lot of their prosperity on a military like we do? Is the air craft carrier going to help them dominate something that WalMart didn't already help them own? Are they going to attack a Samsung store down the street? Couldn't they continue dominating the world better by restricting imports and foreign ownership and continuing their public works projects and subsidizing strategic industries? Or are they only interested in "enough prosperity" and then later the same excuses to the middle class why they can no longer "afford education and health care" -- when they have record profits one day like we do now?

Re:Naive Article

[TheloniousToady]

Firstly, Betteridge's law applies here.

Yeah, I noticed that also. Which makes me wonder: if Slashdot ran an article called, "Does Betteridge's Law Apply to Every Headline Here That Ends With a Question Mark?", would it still apply?

There is only one law of war

[Dunbal]

Clausewitz stated in his book "On War" that war is won by the most violent. Therefore the one with the biggest guns (or at least the one who makes the most effective use of them) wins. And he gets to write the rules, and ignore the inconvenient ones. After all - who is going to stop him? The "rules of war" are only good during peacetime, and usually only as a pretext to help justify another war. Ironic, no?

Re:Or we could just stop starting wars...

[Sarten-X]

I spent some time volunteering in Africa, and I've seen the problems of hunger firsthand.

There is enough food overall... not much excess, but often enough for everyone to survive. The problem is that, for example, the food is over on the fertile side of a mountain ridge, while the starving people are on the other side. The only pass is controlled by a local oppressor who charges high tolls to use "his" road, and he's able to bribe the government agents and local police into letting him stay.

One option is to just keep paying the tolls, and those starving people keep starving... but it's easy, and offends nobody.

Someone with wealth could pay the toll or use a different route, and bring ample food to support the locals, but then they're dependent on those gifts, and the oppressor could start using force to maintain his rule. The money used for support is also a drain on the provider's economy, so the future stability of such a supply is questionable.

The reliance on the pass could be removed, but that means improving local production. It's a long process, at best, and requires a large start-up cost.

Finally, we could just use force. Send in a squad of trained soldiers to forcibly allow traffic through the pass, even if that means killing the armed guards enforcing the tolls. Through overwhelming force, ensure that no replacements will be able to oppress traffic again.

Of course, force is never easy. There's always the risk that the oppressor will fight back, or that a new oppressor will patiently wait until the squad leaves to take over again. There will be some locals who oppose the intrusion, especially since they have been told (often by the oppressor himself) that the greatest embarrassment they could have is to accept help from outsiders. There will also be those who don't understand the connection between the tolls, the food supply, and standard of living - they just think they're poor because God is punishing them (and the church's leaders don't understand well enough to change that, either).

Going from that 0% to a sustained 0.1% is the hardest step, because it means removing the long-term limits that have already exhausted the local ability to provide for themselves. Once those barriers are gone and food is available at reasonable prices, going to 0.2% or higher is just a matter of doing the same thing more... move more trucks of tubers, make more salable products, and so forth. It's an upward spiral, but starting the process isn't easy.

War is an ironic racket

[Paul Fernhout]

From a Marine Major General: http://warisaracket.org/racket.html "Smedley Butler: War is just a racket. A racket is best described, I believe, as something that is not what it seems to the majority of people. Only a small inside group knows what it is about. It is conducted for the benefit of the very few at the expense of the masses. I believe in adequate defense at the coastline and nothing else. If a nation comes over here to fight, then we'll fight. The trouble with America is that when the dollar only earns 6 percent over here, then it gets restless and goes overseas to get 100 percent. Then the flag follows the dollar and the soldiers follow the flag. I wouldn't go to war again as I have done to protect some lousy investment of the bankers. There are only two things we should fight for. One is the defense of our homes and the other is the Bill of Rights. War for any other reason is simply a racket."

At length: http://www.ratical.org/ratville/CAH/warisaracket.html

Another quote by Einstein: "The release of atomic power has changed everything except our way of thinking ... the solution to this problem lies in the heart of mankind. If only I had known, I should have become a watchmaker. (1945)"

See also this essay by me on how that applies to all forms of modern weaponry, inspired by that Einstein quote, given a modern-day digital watch has more computing power than was used to design the first atomic weapons:
http://www.pdfernhout.net/recognizing-irony-is-a-key-to-transcending-militarism.html
----
Military robots like drones are ironic because they are created essentially to force humans to work like robots in an industrialized social order. Why not just create industrial robots to do the work instead?
Nuclear weapons are ironic because they are about using space age systems to fight over oil and land. Why not just use advanced materials as found in nuclear missiles to make renewable energy sources (like windmills or solar panels) to replace oil, or why not use rocketry to move into space by building space habitats for more land?
Biological weapons like genetically-engineered plagues are ironic because they are about using advanced life-altering biotechnology to fight over which old-fashioned humans get to occupy the planet. Why not just use advanced biotech to let people pick their skin color, or to create living arkologies and agricultural abundance for everyone everywhere?
These militaristic socio-economic ironies would be hilarious if they were not so deadly serious. Here is some dark humor I wrote on the topic:
A post-scarcity "Downfall" parody remix of the bunker scene. https://groups.google.com/forum/#!msg/openmanufacturing/8qspPyyS1tY/vZacyDL86DIJ
See also a little ironic story I wrote on trying to talk the USA out of collective suicide because it feels "Burdened by Bags of Sand". http://www.pdfernhout.net/burdened-by-bags-of-sand.html
Or this YouTube video I put together: The Richest Man in the World: A parable about structural unemployment and a basic income. http://www.youtube.com/watch?v=p14bAe6AzhA
Likewise, even United States three-letter agencies like the NSA and the CIA, as well as their foreign counterparts, are becoming ironic institutions in many ways. Despite probably having more computing power per square foot than any other place in the world, they seem not to have thought much about the implications of all that computer power and organized information to transform the world into a place of abundance for all. Cheap computing makes possibl